MacDonell and La Femina (Child support)

The case of *MacDonell and La Femina* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The dispute involved the assessment of child support obligations, specifically focusing on the income, property, and financial resources of both parents. The decision under review was set aside and substituted by the court.

The primary legal issue before the court was whether to depart from the administrative assessment of child support. This required the court to consider the extent to which the income, property, and financial resources of both parents, including benefits derived from a company, should be taken into account in determining the appropriate child support amount.

The court's reasoning involved a detailed examination of the financial circumstances of each parent. It applied the principles governing departure determinations, which allow for adjustments to the standard assessment where it would be inequitable to disregard certain financial resources or circumstances. The court considered the benefits received by one of the parents from a company, assessing how these benefits impacted their capacity to pay child support.

The court ultimately set aside the previous decision and substituted its own determination regarding the child support payable.